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2021 Supreme(All) 100

PRAKASH PADIA
Indian Oil Corporation Ltd. – Appellant
Versus
J. Lal Filling Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rakesh Kumar

JUDGMENT :

1. Heard Sri Rakesh Kumar, learned counsel for the petitioner and Sri H.P. Dube, Advocate and Sri Vipul Dube, Advocate have put their appearance on behalf of respondents.

2. The petitioner has filed the present petition under Article 227 of the Constitution of India with the following prayers:-

    “(a) To direct the Civil Judge (Senior Division) Agra to decide the application NO.37Ga filed by the petitioner-Corporation under Section 8 of the Arbitration & Conciliation Act, 1996, forthwith;

(b) to set a side the order dated 10.7.2018 passed by the Civil Judge, (Senior Division) Agra;

(c) issue any other suitable, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case;

(d) award costs in favour of the applicant throughout."

3. Facts in brief as contained in the writ petition are that the petitioner-Indian Oil Corporation had appointed various retail outlet dealers for sale of petroleum products. After selection of respondent No.1 as a dealer, an agreement was executed between the petitioner-corporation and Sri Satish Kumar Arora, the proprietor of the retail outlet/respondent No.2 on 25.02.2005 for retail sale of petroleum products. An

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